Commencement and Taking Effect
The Protocol on Ireland/Northern Ireland shall apply as from the end of the transition period, with the exception of some technical provisions of that Protocol that shall apply as from the entry into force of this Agreement. They are listed below.
Objectives and relationship to subsequent agreement
The Protocol is without prejudice to the provisions of the Good Friday Agreement regarding the constitutional status of Northern Ireland and the principle of consent, which provides that any change in that status can only be made with the consent of a majority of its people.
The Protocol respects the essential State functions and territorial integrity of the United Kingdom.
The Protocol sets out arrangements necessary to address the unique circumstances on the island of Ireland, maintain the necessary conditions for continued North-South cooperation, avoid a hard border and protect the Good Friday Agreement in all its dimensions.
The objective of the Withdrawal Agreement is not to establish a permanent relationship between the European Union and the United Kingdom. The provisions of the Protocol are therefore intended to apply only temporarily, taking into account the commitments of the Parties. The provisions of the Protocol shall apply unless and until they are superseded, in whole or in part, by a subsequent agreement.
Subsequent agreement
The European Union and the United Kingdom shall use their best endeavours to conclude, by 31 December 2020, an agreement which supersedes the Protocol in whole or in part. Any subsequent agreement between the European Union and the United Kingdom shall indicate the parts of the Protocol which it supersedes.
Once a subsequent agreement between the European Union and the United Kingdom becomes applicable after the entry into force of the Withdrawal Agreement, the Protocol shall then, from the date of application of such subsequent agreement and in accordance with the provisions of that agreement setting out the effect of that agreement on the Protocol, not apply or shall cease to apply, as the case may be, in whole or in part.
Extension of the transition period
The United Kingdom, having had regard to progress made towards the conclusion of a new trade agreement, may at any time before 1 July 2020 request the extension of the transition period. If the United Kingdom makes such a request, the transition period may be extended in accordance with the Withdrawal Agreement. These provisions are set out in a separate article.
Rights of individuals
The United Kingdom shall ensure that no diminution of rights, safeguards and equality of opportunity as set out in that part of the Good Friday Agreement entitled Rights, Safeguards and Equality of Opportunity results from its withdrawal from the European Union, including in the area of protection against discrimination as enshrined in the provisions of European Union law listed in the Protocol, and shall implement this provision through dedicated mechanisms.
The United Kingdom shall continue to facilitate the related work of the institutions and bodies set up pursuant to the Good Friday Agreement, including the Northern Ireland Human Rights Commission, the Equality Commission for Northern Ireland and the Joint Committee of representatives of the Human Rights Commissions of Northern Ireland and Ireland, in upholding human rights and equality standards.
Common Travel Area
The United Kingdom and Ireland may continue to make arrangements between themselves relating to the movement of persons between their territories (the “Common Travel Area”), while fully respecting the rights of natural persons conferred by European Union law.
The United Kingdom shall ensure that the Common Travel Area and the associated rights and privileges can continue to apply without affecting the obligations of Ireland under European Union law, in particular with respect to free movement for European Union citizens and their family members, irrespective of their nationality, to, from and within Ireland.
Single Customs Territory & Goods
Until the future relationship becomes applicable, a single customs territory between the European Union and the United Kingdom shall be established (“the single customs territory”). Accordingly, Northern Ireland is in the same customs territory as Great Britain.
The single customs territory shall comprise the customs territory of the European Union and the customs territory of the United Kingdom.
The rules set out in Annex to the Protocol (summarised in another article) shall apply in respect of all trade in goods between the EU and UK Customs authorities, as well as, where so provided, between the single customs territory and third countries.
With a view to ensuring the maintenance of the level playing field conditions required for the proper functioning of this provision, the provisions set out in Annex to the Protocol (and summarised in another Article) shall apply.
Where appropriate, the Joint Committee may modify Annex in order to lay down higher standards for these level playing field conditions.
The Joint Committee shall adopt before 1 July 2020 the detailed rules relating to trade in goods between the two parts of the single customs territory for the implementation of this provision. In the absence of such a decision adopted before 1 July 2020, the Annex provisions shall apply.
By derogation from the above, fishery and aquaculture products, shall not be covered by the rules set out in Annexes as well as the above further detailed, unless an agreement on access to waters and fishing opportunities is applicable between the European Union and the United Kingdom. In accordance with the Withdrawal Agreement, the European Union and the United Kingdom shall use their best endeavours to conclude and ratify such an agreement before 1 July 2020.
The Joint Committee may adopt decisions amending the Customs Annex to the Protocol, where such amendments are necessary for the proper functioning of this provision. Such decisions may not amend the essential elements of the Protocol or the Withdrawal Agreement.
Single Customs Territory & Goods NI Issues
EU customs legislation shall apply to Northern Ireland (not including the territorial waters of the United Kingdom). However, the Joint Committee shall establish the conditions, including in quantitative terms, under which certain fishery and aquaculture products brought into the customs territory of the European Union by vessels flying the flag of the United Kingdom and registered in Northern Ireland are exempted from duties.
The provisions of European Union law listed in Annex to the Protocol shall also apply, under the conditions set out therein, to and in the United Kingdom in respect of Northern Ireland.
The prohibition on customs duties and charges having an equivalent effect and the prohibition on discriminatory taxation on goods shall apply to Northern Ireland. Quantitative restrictions on exports and imports shall be prohibited between the European Union and Northern Ireland.
Protection of the UK internal market
Nothing in the Protocol shall prevent the United Kingdom from ensuring unfettered market access for goods moving from Northern Ireland to the rest of the United Kingdom’s internal market. Provisions of European Union law made applicable by the Protocol which prohibit or restrict the exportation of goods shall only be applied to trade between the EU and UK customs territories to the extent strictly required by any international obligations incumbent on the European Union.
The United Kingdom shall ensure the full protection of international requirements and commitments that are relevant to the prohibitions and restrictions of exportation of goods from the European Union to third countries as set out in European Union law.
Having regard to Northern Ireland’s integral place in the United Kingdom’s internal market, the European Union and the United Kingdom shall use their best endeavours to facilitate, in accordance with applicable legislation and taking into account their respective regulatory regimes as well as their implementation, the trade between the Northern Ireland (excluding UK territorial waters) and other parts of the territory of the United Kingdom. The Joint Committee shall keep under constant review the application of this provision and adopt appropriate recommendations with a view to avoiding, to the extent possible, controls at the ports and airports of Northern Ireland.
Nothing in the Protocol shall prevent a product originating from Northern Ireland from being presented as originating from the United Kingdom when placed on the market in Great Britain.
Nothing in the Protocol shall affect the law of the United Kingdom regulating the placing on the market in other parts of the United Kingdom of goods from Northern Ireland that conform with or benefit from technical regulations, assessments, registrations, certificates, approvals or authorisations governed by provisions of European Union law referred to in the Annex on trade and standards legislation.
Technical regulations, approvals and authorisations
Without prejudice to the provisions of European Union law referred to in the Annex (summarised in another article) on trade and standards and other matters, the lawfulness of placing goods on the market in Northern Ireland shall be governed by the law of the United Kingdom as well as, as regards goods imported from the European Union, under EU free movement of goods provisions.
Where provisions of European Union law made applicable by the Protocol provide for the indication of a Member State, including in abbreviated form, as markings, labelling, tags, or by any other means, the United Kingdom in respect of Northern Ireland shall be indicated as “UK(NI)” or “United Kingdom (Northern Ireland)”. Where provisions of European Union law made applicable by the Protocol provide for the indication in the form of a numeric code, the United Kingdom in respect of Northern Ireland shall be indicated with a distinguishable numeric code.
In respect of the recognition in one Member State of technical regulations, assessments, registrations, certificates, approvals and authorisations issued by the authorities of another Member State, or by a body established in another Member State, references to Member States in provisions of European Union law made applicable by the Protocol shall not be read as including the United Kingdom in respect of Northern Ireland as regards technical regulations, assessments, registrations, certificates, approvals and authorisations issued by the authorities of the United Kingdom or by bodies established in the United Kingdom.
The above provision shall not apply to registrations, certifications, approvals and authorisations of sites, installations or premises in Northern Ireland issued by competent authorities of the United Kingdom, where the registration, certification, approval or authorisation may require an inspection of the sites, installations or premises.
The above provision shall also not apply to veterinary certificates, and official labels for plant reproductive material, required in provisions of European Union law made applicable by the Protocol.
The above provision is without prejudice to the validity, in Northern Ireland, of assessments, registrations, certificates, approvals and authorisations issued, on the basis of provisions of European Union law made applicable by the Protocol, by the competent authorities of the United Kingdom or by bodies established in the United Kingdom. Any conformity marking, logo or similar required by the provisions of European Union law made applicable by the Protocol which is affixed by economic operators based on the assessment, registration, certificate, approval or authorisation issued by competent authorities of the United Kingdom or by bodies established in the United Kingdom shall be accompanied by the indication “UK(NI)”.
The United Kingdom in respect of Northern Ireland may not initiate objection, safeguard or arbitration procedures provided for in provisions of European Union law made applicable by the Protocol as far as these procedures concern the technical regulations, standards, assessments, registrations, certificates, approvals and authorisations issued by competent authorities of the Member State or by bodies established in Member States.
The above provision does not prevent the test and release by a qualified person in Northern Ireland of a batch of a medicinal product imported into or manufactured in Northern Ireland.
VAT and excise
The provisions of European Union law listed in the annex on VAT and excise to the Protocol (summarised in another article) concerning goods shall apply to and in the United Kingdom in respect of Northern Ireland.
The Joint Committee shall regularly discuss the implementation of this Article, and where appropriate, adopt the necessary measures for its proper application.
Agriculture and environment
The provisions of European Union law listed in Annex 5 to the Protocol (summarised in another article) shall apply, under the conditions set out therein, to and in the United Kingdom in respect of Northern Ireland.
Single electricity market
The provisions of European Union law governing wholesale electricity markets listed in the Annex relating to energy legislation to, under the conditions set out therein, to and in the United Kingdom in respect of Northern Ireland.
State aid
The provisions of European Union law listed in the Annex on state aid shall apply to the United Kingdom, including with regard to measures supporting the production of and trade in agricultural products in Northern Ireland, in respect of measures that affect that trade between Northern Ireland the Protocol and the European Union which is subject to the Protocol.
Notwithstanding the above, the provisions of European Union law referred to shall not apply with respect to measures taken by the United Kingdom authorities supporting the production of and trade in agricultural products in Northern Ireland up to a determined maximum overall annual level of support, and provided that a determined minimum percentage of that exempted support complies with the provisions of the WTO Agreement on Agriculture. The determination of the maximum exempted overall annual level of support and the minimum percentage shall be governed by the procedures set out in Annex 9.
Where the European Commission examines information regarding a measure by the United Kingdom authorities that may constitute unlawful aid under the above provision, it shall ensure that the United Kingdom is kept fully and regularly informed of the progress and outcome of the examination of that measure.
The European Commission and the independent authority established by the UK under Annex 4 shall establish the administrative arrangements necessary to the proper implementation of this provision, and keep those arrangements under review.
Other areas of North-South cooperation
The Protocol shall be implemented and applied so as to maintain the necessary conditions for continued North-South cooperation, including in the areas of environment, health, agriculture, transport, education and tourism, as well as in the areas of energy, telecommunications, broadcasting, inland fisheries, justice and security, higher education and sport.
In full respect of European Union law, the United Kingdom and Ireland may continue to make new arrangements that build on the provisions of the Good Friday Agreement in other areas of North-South cooperation on the island of Ireland.
The (UK /EU) Joint Committee shall keep under constant review the extent to which the implementation and application of the Protocol maintain the necessary conditions for North-South cooperation.
The Joint Committee may make appropriate recommendations to the European Union and the United Kingdom in this respect, including on recommendation from the Specialised Committee.
Implementation, application, supervision and enforcement
The authorities of the United Kingdom shall be responsible for implementing and applying the provisions of European Union law made applicable by the Protocol to and in the United Kingdom in respect of Northern Ireland.
European Union representatives shall have the right to be present during and receive, upon request, all relevant information relating to any activities of the United Kingdom authorities related to the implementation and application of provisions of European Union law made applicable by the Protocol.
The United Kingdom shall facilitate that presence of European Union representatives and provide them with the information requested. Where the European Union representative requests the United Kingdom authorities to carry out control measures in individual cases for duly stated reasons, the United Kingdom authorities shall carry out those control measures.
The practical working arrangements related to the exercise of the rights of European Union representatives above shall be determined by the Joint Committee, upon a proposal from the Specialised Committee.
As regards Northern Ireland customs matters, technical regulations and authorisations, VAT, excise, Agriculture, the single electricity market and state aid matters in respect of measures of the Member States, the institutions, bodies, offices, and agencies of the European Union shall in relation to the United Kingdom, and natural and legal persons residing or established in the territory of the United Kingdom, have the powers conferred upon them by European Union law.
In particular, the Court of Justice of the European Union shall have jurisdiction as provided for in the Treaties in this respect. The preliminary ruling reference provision shall apply to and in the United Kingdom in this respect.
Acts of the institutions, bodies, offices, and agencies adopted under the penultimate paragraph shall produce in respect of and in the United Kingdom the same legal effects as those which they produce within the European Union and its Member States.
When representing or assisting a party in relation to administrative procedures arising from the exercise of the powers of the institutions, bodies, offices, and agencies of the European Union for this purpose, lawyers authorised to practise before the courts or tribunals of the United Kingdom shall in every respect be treated as lawyers authorised to practise before courts or tribunals of Member States who represent or assist a party in relation to such administrative procedures.
In cases brought before the Court of Justice of the European Union under this provision
- the United Kingdom may participate in the proceedings before the Court of Justice of the European Union in the same way as a Member State;
- lawyers authorised to practise before the courts or tribunals of the United Kingdom may represent or assist a party before the Court of Justice of the European Union in such proceedings and shall in every respect be treated as lawyers authorised to practise before courts or tribunals of Member States representing or assisting a party before the Court of Justice of the European Union.
Common provisions
For the purposes of the Protocol, any reference to the United Kingdom in the applicable provisions of the Withdrawal Agreement shall be read as referring to the United Kingdom or the United Kingdom in respect of Northern Ireland, as the case may be.
For customs law purposes a “third country” shall mean a country or territory which does not belong to the UK and EU customs territories.
The provisions of the Protocol referring to European Union law or concepts or provisions thereof shall in their implementation and application be interpreted in conformity with the relevant case law of the Court of Justice of the European Union.
Unless otherwise provided, where the Protocol makes reference to a European Union act, the reference to that act shall be read as referring to it as amended or replaced.
Where the European Union adopts a new act that falls within the scope of the Protocol, but neither amends nor replaces a European Union act listed in the Annexes to the Protocol, the European Union shall inform the United Kingdom of this adoption in the Joint Committee.
Upon request of the European Union or the United Kingdom, the Joint Committee shall hold an exchange of views on the implications of the newly adopted act for the proper functioning of the Protocol within 6 weeks after the request. As soon as reasonably practical after the European Union has informed the United Kingdom in the Joint Committee, the Joint Committee shall either:
- adopt a decision adding the newly adopted act to the relevant Annex of the Protocol; or
- where an agreement on adding the newly adopted act to the relevant Annex to the Protocol cannot be reached, examine all further possibilities to maintain the good functioning of the Protocol and take any decision necessary to this effect.
If the Joint Committee has not taken a decision within a reasonable time, the European Union shall be entitled, after giving notice to the United Kingdom, to take appropriate remedial measures. Such measures shall take effect at the earliest 6 months after the European Union informed the United Kingdom in accordance with the first subparagraph, but in no event earlier than the date on which the newly adopted act is implemented in the European Union.
Unless the European Union considers that full or partial access by the United Kingdom or the United Kingdom in respect of Northern Ireland, as the case may be, is strictly necessary to enable the United Kingdom to comply with its obligations under the Protocol, the following shall apply: in respect of access to any network, information system, or database established on the basis of European Union law, references to Member States and competent authorities of Member States in provisions of European Union law made applicable by the Protocol shall not be read as including the United Kingdom or the United Kingdom in respect of Northern Ireland, as the case may be.
Authorities of the United Kingdom shall not act as leading authority for risk assessments, examinations, approvals and authorisation procedures provided for in European Union law made applicable by the Protocol.
Specialised Committee
The Committee on issues related to the implementation of the Protocol on Ireland/Northern Ireland established by the Withdrawal Agreement (“Specialised Committee”) shall:
- facilitate the implementation and application of the Protocol;
- examine proposals concerning the implementation and application of the Protocol from the North-South Ministerial Council and North-South Implementation bodies set up under the Good Friday Agreement;
- consider any matter of relevance to the rights of an individual (protected by Article 4 of the Protocol) brought to its attention by the Northern Ireland Human Rights Commission, the Equality Commission for Northern Ireland, and the Joint Committee of representatives of the Human Rights Commissions of Northern Ireland and Ireland;
- discuss any point raised by the European Union or the United Kingdom that is of relevance to the Protocol and gives rise to a difficulty; and
- make recommendations to the Joint Committee as regards the functioning of the Protocol.
Joint consultative working group
A joint consultative working group on the implementation of the Protocol is established. It shall serve as a forum for the exchange of information and mutual consultation. The working group shall be composed of representatives of the European Union and the United Kingdom and shall carry out its functions under the supervision of the Specialised Committee, to which it shall report. The working group shall have no power to take binding decisions other than its rule of procedure.
Within the working group:
- the European Union and the United Kingdom shall, in a timely manner, exchange information about planned, ongoing and final relevant implementation measures in relation to the European Union acts listed in the Annexes to the Protocol;
- the European Union shall inform the United Kingdom about planned European Union acts within the scope of the Protocol, including those amending or replacing the European Union acts listed in the Annexes to the Protocol;
- the European Union shall provide to the United Kingdom all information the European Union considers relevant to allow the United Kingdom to fully comply with its obligations under the Protocol; and
- the United Kingdom shall provide to the European Union all information that Member States provide to one another or the European Union institutions, bodies, offices or agencies pursuant to the European Union acts listed in the Annexes to the Protocol.
The working group shall be co-chaired by the European Union and the United Kingdom.
The working group shall meet at least once a month, unless otherwise decided by the European Union and the United Kingdom by mutual consent. Where necessary, information can be exchanged between meetings.
The working group shall adopt its own rules of procedure by mutual consent.
The European Union shall ensure that all views expressed and information (including technical and scientific data) provided by the United Kingdom in the working group are communicated to the relevant European Union institutions, bodies, offices and agencies without undue delay.
Safeguards
If the application of the Protocol leads to serious economic, societal or environmental difficulties liable to persist, or to the diversion of trade, the European Union or the United Kingdom may unilaterally take appropriate measures. Such safeguard measures shall be restricted with regard to their scope and duration to what is strictly necessary in order to remedy the situation. Priority shall be given to such measures as will least disturb the functioning of the Protocol.
If a safeguard measure taken by the European Union or the United Kingdom, as the case may be, in accordance with the last paragraph creates an imbalance between the rights and obligations under the Protocol, the European Union or the United Kingdom, as the case may be, may take such proportionate rebalancing measures as are strictly necessary to remedy the imbalance. Priority shall be given to such measures as will least disturb the functioning of the Protocol.
Safeguard and rebalancing measures taken above shall be governed by the procedures set out in Annex 10 to the Protocol.
The European Union and the United Kingdom shall counter fraud and any other illegal activities affecting the financial interests of the European Union or of the United Kingdom.
Review
If at any time after the end of the transition period the European Union or the United Kingdom considers that the Protocol is, in whole or in part, no longer necessary to achieve the objectives of addressing the unique circumstances on the island of Ireland, maintain the necessary condirions for continued North-South cooperation, avoid a hard border and protect the Godd Friday Agreement in all its dimensions, should cease to apply, in whole or in part, it may notify the other party, setting out its reasons.
Within 6 months of such a notification, the Joint Committee shall meet at ministerial level to consider the notification, having regard to all of the objectives specified in Article 1 of the Agreement. The Joint Committee may seek an opinion from institutions created by the Good Friday Agreement.
If, following the consideration referred to above, and acting in accordance with the good faith obligation in the Withdrawal Agreement, the European Union and the United Kingdom decide jointly within the Joint Committee that the Protocol, in whole or in part, is no longer necessary to achieve its objectives, the Protocol shall cease to apply, in whole or in part. In such a case the Joint Committee shall address recommendations to the European Union and to the United Kingdom on the necessary measures, taking into account the obligations of the parties to the Good Friday Agreement.
Commencement and Taking Effect
The Protocol on Ireland/Northern Ireland shall apply as from the end of the transition period, with the exception of the following provisions of that Protocol that shall apply as from the entry into force of this Agreement:
- Objectives and relationship to subsequent agreement
- Subsequent supervening agreement
- Extension of the transition period
- Joint Committee modification of general provisions in order to lay down higher standards for these level playing field conditions.
- Joint Committee adoption before 1 July 2020 of detailed rules relating to trade in goods between the two parts of the single customs territory for the implementation of the agreements. In the absence of such a decision adopted before 1 July 2020, Annex 3 shall apply.
- The Obligation of the EU and the United Kingdom to use their best endeavours to conclude and ratify such an agreement before 1 July 2020.
- Joint Committee power to adopt decisions amending the customs provisions Protocol, where such amendments are necessary for their proper functioning Such decisions may not amend the essential elements of this Protocol or the Withdrawal Agreement.
- the Joint Committee establishing the conditions, including in quantitative terms, under which certain fishery and aquaculture products brought into the customs territory of the Union by vessels flying the flag of the United Kingdom and registered in Northern Ireland are exempted from duties.
- The determination of the maximum exempted overall annual level of agricultural support and the minimum percentage shall be governed by the procedures set out in Annex 9;
- The EU obligation to consult the United Kingdom on any trade defence measures or actions under the GSP regime which it considers taking. At least 6 months before the end of the transition period, the Joint Committee shall set up the procedures for the application of this paragraph.
- administrative cooperation in relation for mutual administrative assistance so as to ensure compliance with thee provisions for trade in goods between the parts of the single customs territory or with third countries
- the Joint Committee elaboration of e provisions on mutual administrative assistance, including as regards the recovery of debts.
- the documentary evidence for the A. UK. movement certificate and explanatory notes and inform the Joint Committee thereof. The use of that specimen shall be mandatory.
- administrative cooperation of customs authorities on certain matters
- measures to transpose EU Law provisions on administrative cooperation in the field of taxation rules against tax avoidance practices that directly affect the internal market
- discussion of matters for implementation of Code of Conduct for business taxation set out in the conclusions of the Council of Ministers s reflected in the mandate and criteria established by those conclusions, as well as the guidance relating to the Code of Conduct, as applicable at the end of the transition period.
- the Joint Committee decisions laying down minimum commitments for:) the reduction of national emissions of certain atmospheric pollutants; the maximum sulphur content of marine fuels which may be used in the territorial seas,exclusive economic zones, including in the SOx-Emission Control Area (SOx-ECA)designated in the North Sea and Baltic Sea area, and in the ports of the Member Statesof the Union and of the United Kingdom; and (c) those best available techniques, including emission limit values, in relation to industrial emissions. These decisions shall apply as from the end of the transition period.
- the determination of the maximum exempted overall annual level of support and the minimum percentage set by the Joint Committee
- the determination by the Joint Committee of the initial maximum exempted overall annual level of support and the initial minimum percentage and adjusted level of support
- by the end of the transition period or within one year of the entry intoforce of a future Multiannual Financial Framework, as the case may be, shall be suspended until the Joint Committee has determined or adjusted the level of support
- the Joint Committee determination of the initial maximum exempted overall annual level of support and the initial minimum percentage
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